Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
Civil Procedure Code, 1908, Order 21, Rule 86, 71 -- Auction sale - Default in payment of auction money - Forfeiture - No provision in CPC which empowers Court to refund the initial amount deposited, to the auction purchaser who fails to make balance payment within time - O.21.R.71 CPC has no application, as property in question has not even resold - Moreover, mere..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - It was incumbent upon High Court while invoking power u/s 482 Cr.P.C to consider the question whether allegations would constitute the offence alleged against accused...........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - Power U.O.11.R.15 CPC cannot be exercised at the stage of appeal after contesting the suit on merits and passing of decree against petitioner...........
Anti suit injunction -- Courts in India have a power to issue anti-suit injunction to a party over whom the Court has personal jurisdiction in an appropriate case...........
Criminal Procedure Code, 1973, Section 482 -- In the face of express remedy, power u/s 482 Cr.P.C. not to be exercised...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
